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What is the legal definition of primary residence?

  • October 06 2012 - Atlanta
  • 0Yes

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Answers (5)

Profile picture for wetdawgs
@user6616295:  excellent question for  your tax advisor.

  • July 14 2013
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Profile picture for user6616295
How about this situation? Spouses have two homes, 50 miles apart, separated by a state line.

Spouse 1 lives in house 1, works in city 1, state 1, sleeps in home 1 4-5 nights a week. Has drivers license, insurance, mortgage, utilities, retirement plans and voting registered at home 1.

Spouse 2 lives in house 2, works in city 2, state 2, sleeps in home 7 nights a week. Has drivers license, insurance, utilities, retirement plan, car and voting registered at home 2. (No mortgage on home 2.)

Can both homes be primary residences?
  • July 14 2013
  • 0Yes

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Profile picture for artist08
For insurance purposes, you may be asked if you live in the home 9 months out of the year or at least 50% of the time and is considered primary owner occupied.
  • October 26 2012
  • 0Yes

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Profile picture for wetdawgs
To add to Tim's comments, it tends to be the place where you have your driver's license address, car registration, and voting address.   It is not possible to have two primary residences at the same time, although it is possible to have two in one year if relocating (and changing all the tax residence, driver's license, car registration etc).

  • October 06 2012
  • 0Yes

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Profile picture for Outer Banks N C
I can't give a legal definition not being a lawyer. So here is Wikipedia's:

A person's primary residence, or main residence is the dwelling where they usually live, typically a house or an apartment. A person can only have one primary residence at any given time, though they may share the residence with other people. A primary residence is considered as a legal residence for the purpose of income tax and/or acquiring a mortgage.

Criteria for a primary residence consist mostly of guidelines rather than hard rules, and residential status is often determined on a case-by-case basis.



Tim

  • October 06 2012
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